HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal (Sb) No. 2049/2025 Rajmahendra @ Mahendra S/o Shri Ram Kumar, Aged About 40 Years, R/o Ward No.1, Sadul Shahar, District Sriganganagar (Raj) (Lodged In Central Jail, Sriganganagar)

----Appellant Versus State of Rajasthan, through PP ----Respondent For Appellant(s) : Mr. Abhishek Aggarwal Mr. Tirupati Chandra For Respondent(s) : Mr. Narendra Gehlot, PP Mr. Omprakash Choudhary HON'BLE MR. JUSTICE SANDEEP SHAH

Order

04/09/2025 IN S.B. Criminal Appeal (SB) No. 2049/2025 :-

1. Admit.

2. Call for the record.

IN S.B. Criminal Misc. Bail Application for Suspension of Sentence No. 1556 /2025:-

1. Heard learned counsel for the appellant-applicant as well as learned Public Prosecutor and perused the material available on record.

2. Learned counsel for the appellant-applicant submits that the appellant-applicant has been convicted for the offences under Section 8/22 of the NDPS Act, 1985. He submits that the narcotic substance recovered from the appellant-applicant is below commercial quantity and that the learned Trial Court has convicted the appellant-applicant under Section 8/22 of the NDPS Act, 1985 for rigorous imprisonment for a period of three years only. He further submits that the appellant-applicant was on bail during the course of trial and that the recovery has been undertaken without complying with the mandatory provisions of Sections 52 & 57 of the NDPS Act, 1985. He submits that there is no chance of hearing of the appeal in near future. He also submits that there are no criminal antecedents attributable to the appellant-applicant. In these circumstances, he prays that the appellant-applicant may be released on bail by allowing suspension of sentence application.

3. Per Contra, Learned Public Prosecutor opposes the application for suspension of sentence and submits that considering the facts that the recovery has been affected from the appellant-applicant, the learned trial Court has passed the conviction against the appellant-applicant after dealing with each and every aspect of the case and, therefore, the application in question deserves to be dismissed.

4. Upon consideration of the arguments advanced on behalf of both the sides and having regards to the facts and circumstances of the case including the facts that there are no criminal antecedents attributable to the appellant-applicant, recovery of contraband is of below commercial quantity, further, the punishment imposed upon the appellant-applicant is only three years’ rigorous imprisonment, there are arguable points with regard to non-compliance of the provisions of the N.D.P.S. Act, 1985, as also, considering the fact that chances of hearing of appeal in near future are bleak, this Court is of the opinion that it is a fit case for suspending the sentence awarded to the accused appellant-applicant.

5. Accordingly, the application for suspension of sentence filed under Section 430 BNSS (Old Section 389 Cr.P.C.) is allowed and it is ordered that the sentence passed by the learned Additional Sessions Judge, Sadul Shahar, District Sri Ganganagar, vide judgment dated 31.07.2025 in Sessions Case No.57/2022 (70/2017) (CIS No.57/2022), arising out of FIR No.121/2017 at Police Station Sadul Shahar, District Sri Ganganagar, against the appellant-applicant Rajmahendra @ Mahendra S/o Shri Ram Kumar, shall remain suspended till final disposal of the aforesaid appeal and he shall be released on bail, provided he executes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Judge for his appearance in this court on 06.10.2025 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-

1. That he/she/they will appear before the trial Court in the month of January of every year till the appeal is decided.

2. That if the applicant(s) changes the place of residence, he/she/they will give in writing his/her/their change